Link CCJ now with added Tomlin Order! what to do?

moneymeltdown

fatbelly wrote: »

What question are you having problems with?

hi fatbelly, it's all a bit confusing to me - I'm not sure what this form is actually for! All I have done is request a valid CCA from LINK months ago which they haven't complied with. here are the areas which I'm not sure about....

A) Settlement
I have ticked NO to attempt to settle the claim at this stage (no valid CCA from LINK etc)

I have to state my reasons why I don't want to settle the claim at this stage - what do I have to write here?

C) pre action protocol - what is this?

D) case management information - confused here

F) proposed directions - what are these?

sorry to sound so dim - your help is much appreciated!

fatbelly

Try this....

moneymeltdown wrote: »

hi fatbelly, it's all a bit confusing to me - I'm not sure what this form is actually for! All I have done is request a valid CCA from LINK months ago which they haven't complied with. here are the areas which I'm not sure about....

A) Settlement
I have ticked NO to attempt to settle the claim at this stage (no valid CCA from LINK etc) Correct

I have to state my reasons why I don't want to settle the claim at this stage - what do I have to write here? I dispute enforceability (or liability?)

C) pre action protocol - what is this? Not applicable

D) case management information - confused here

You dispute the whole amount, don't want experts, witnesses or applications. It's a small claim

F) proposed directions - what are these? No and No
sorry to sound so dim - your help is much appreciated!

moneymeltdown

fatbelly wrote: »

Try this....

amazing...thankyou so much! I will fill this in this evening after work

moneymeltdown

questionnaire sent off ... I'll wait to hear from county court!

moneymeltdown

OMG this is turning into a very scary episode. Link have recently sent me tons of paperwork saying that it's the CCA and they want to settle this before the upcoming court date. I am confused as why are they sending me an alleged CCA 3 YEARS after my original request??

They have sent me copies of their paperwork filed in court complete with their costs with run into literally thousands...can anyone help with any advice if poss? thankyou so much x

moneymeltdown

sorry to bump this but is anyone out there with any advice for me? am finding it all out of my league at the moment...thanks!

Gordon_Hose

They say it's the CCA, is it?

It doesn't really matter that it's taken them 3 years to get the CCA. If they can't produce a CCA initially, then that puts the account in dispute, and only stops them taking court action until a time when they can produce a valid CCA.

kittiej

OK have you been back to CAG to see what the good peeps over there say?

It might be the CCA is not up to scratch because I would say that if Link were confident then why try to settle before the court date?

(Just my initial thoughts so please don't rely on what I summise)

Gordon_Hose

Indeed, you need to get someone with the know to peruse the CCA they claim is valid to see if it is actually enforceable.

moneymeltdown

thankyou everyone for your advice....I have been reading through all of Link's claim that has been filed at court. None of it seems to alter the fact that the CCA was not produced within the correct timeframe when I first requested it. The claim says that I am basically trying to evade payment due to a "technicality"

I ill head over to CAG later today